Resisting arrest is typically a secondary charge, meaning that it is usually added on to other charges. It occurs when a person interferes with an officer’s actions used in an arrest. This charge can be highly subjective, meaning that it can depend heavily on the interpretation of the arresting officer.
If you or a loved one has been charged with resisting arrest in Kentucky, you should call the Kentucky criminal defense lawyers at Dan Carman and Attorneys. We will provide you with skilled, aggressive legal representation and make sure that your rights are being protected.
Kentucky Law on Resisting Arrest
In Kentucky, resisting arrest is a Class A misdemeanor. Our state’s law on resisting arrest (statute 520.090) goes as follows:
“A person is guilty of resisting arrest when he intentionally prevents or attempts to prevent a peace officer, recognized to be acting under color of his official authority, from effecting an arrest of the actor or another by
“a) Using or threatening to use physical force or violence against the peace officer
or another; or
“b) Using any other means creating a substantial risk of causing physical injury to
the peace officer or another.”
While resisting arrest is listed as a misdemeanor in Kentucky, it is important to realize that acting with violence, or the mere threat of violence, toward an officer will result in harsher penalties. A person who is violent or threatening toward an officer may be charged with a felony. Conversely, if a person runs from a police officer, for example, and demonstrates no violent action toward an officer, it is more likely to be a misdemeanor.
Remaining Silent is Not Resisting Arrest
It is important to know that not complying with an officer’s requests is not necessarily the same thing as resisting arrest. Perhaps the most important example of this is remaining silent when being questioned. You do not have to speak to the authorities, even if you are placed under arrest. In fact, it is in the best interest of a person being detained or arrested to remain silent and call their attorney. Remaining silent is your right, and it is not the equivalent of resisting arrest.
If a person is questioned or stopped by a police officer, it is always in their best interest to remain calm and be peaceable. In other words, never flee or act out in a physical way toward an officer. If you are concerned about your rights or if you are detained by police, you should ask to call your attorney.
Call an Attorney Immediately
It is vital that anyone who is placed under arrest should contact a defense attorney as soon as possible. Without the presence of a defense attorney, a person might be more likely to do or say something that will be used against them. If you or a loved one has been charged with resisting arrest, whether it be in conjunction with other charges or a single charge, call the Kentucky criminal defense attorneys at Dan Carman and Attorneys. We will respond quickly to your call and take immediate action to protect your rights and pursue every avenue possible for you or your loved ones.